It appears so or should be. Take note of the interesting development in what the Justice Department is asking the Judge who ruled on whether this is an injunction or not?

The New York Times (2/18, A19, Sack) reports, “The Obama administration asked a federal judge on Thursday to clarify whether his recent ruling against the new healthcare law was meant to block its implementation pending appeals.” Judge Roger Vinson, of Federal District Court in Pensacola, FL, “ruled on Jan. 31 that the provision requiring most Americans to obtain health insurance was unconstitutional, and that the entire Affordable Care Act was therefore invalid. While the judge did not specifically enjoin the law, he suggested that his ruling should be treated as the ‘functional equivalent’ of an injunction.”